...United States Supreme Court HURST v. FLORIDA, (2016) No. 14-7505 Anthony Madaka June 13, 2016 Lora Terrill In the case of Hurst V. Florida 14-7505 (2016), Mr. Timothy lee Hurst was charged and convicted of First degree murder for killing his co-worker Cynthia Harrison, during a robbery of the Popeye’s restaurant where they both work. Timothy Lee Hurst was charged and convicted of first-degree murder for killing his co-worker, Cynthia Harrison, during a robbery of the Popeye’s restaurant where they both worked. He was sentenced to death and appealed. On appeal, Hurst was granted a new sentencing trial because the Supreme Court of Florida found that his counsel should have investigated and presented evidence of Hurst’s borderline intelligence and possible organic brain damage. At his new sentencing trial, Hurst was prevented from presenting mental retardation evidence as an absolute bar to the imposition of the death penalty, though he was allowed to present it as mitigating evidence. The jury again sentenced Hurst to the death penalty by a vote of seven to five, and the Supreme Court of Florida affirmed. (Oyez Today)...
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...During this paper we will discuss the communication used for the prosecution, defense, witnesses, and the judge. We will also discuss the guidelines for each communication in the court case. The duties of the prosecution, defense, witnesses, and the judge are important to every trial. The prosecuting attorney communicates both orally and in writing. The main goal of this attorney is to prove that this defendant is undeniably guilty to the judge and jury. He does this by beginning orally with an opening statement, stating that Ronald Rift did knowingly commit the crime of Breaking and Entering (1) 2911.13 F5; and Burglary (1) 2911.12 F2; on 09/30/11 between 12:10 and 12:20 A.M. This was located at Marquette’s Market 1234 Main St. Midtown, Minnesota 44333. The owner is Speedy Marquette (owner of Marquette’s Market). It is up to the prosecution to share all written evidence with the defense attorney before the trial and to present all evidence against the defendant to the judge and jury. It is also up to this attorney to introduce the witnesses for the prosecution and to examine them orally before the cross examination of the defense attorney. The witnesses: Soapy Waters, Otis Ripple, Marty Martini, Betty Bitty, C. Sharp, Guido Concertino, Rusty Fender, and the arresting officer are orally examined by the prosecution and then the defense. (Curran, P. & Strauch, G.). After the prosecution presents the case, it is up to the defense to present theirs. The prosecuting attorney...
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...Homicide Homicide Forensic science plays a huge part in our criminal justice system today. But where did it get its start? What procedures are utilized today to help investigators solve our everyday mysteries when it comes to crimes? In addition, what forensic aspects in the video “Welcome to Homicide” were used to finally get a confession of murder? This paper will discuss these topics and elaborate on some of the key evidence that was used to close this particular case. First, let’s begin with where and when forensics is aid to have gotten its start. The basic sciences began to develop in the late 18th century, and many of the early developments in forensic sciences took place during the 19th century (Gaensslen & Larsen, 2013). People long ago did not have technological and scientific advancements that we take for granted in the forensic sciences today. Instead, they mostly relied on forced confessions and testimonies of witnesses. This, naturally, allowed for many criminals to walk free while a lot of innocents were wrongfully convicted. The first known instance of forensics being used was in the year 1248. A Chinese man, called a death investigator, used experimentation to determine that a victim's fatal blow had resulted from the strike of a sickle (Dirkmaat, 2012). What we think of today as forensic science may have been born in China, but truly developed in Europe during the 1700's. German medical experts, Swedish chemists, and Italian surgeons wrote...
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...Prosecuting Argument Paper Team C: CJA/354 August 26, 2013 Prosecuting Argument Paper Enough evidence was obtained to make the arrest of Mr. Dents. The state has now charged Stu Dents with the following: Homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. Homicide is “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, 2010). Murder is a type of homicide. Below is the Georgia state law on murder. Murder; felony murder: A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life ("Georgia Code", 2013). On October 18th, two eyewitnesses said the defendant Stu Dents entered into apartment number 156, which was the victim’s apartment. Uma Opee’s body was found October 19th; it was located behind an abandoned building, which is approximately 5 miles from her residence...
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...In this paper I will recapitulate and analyze the arguments made in Crito by Socrates, Crito, and the Laws of Athens in order to determine which is the most successful. I will also provide my own objection to the some of the arguments to provide insight into possible errors in the given standpoints. In Crito, Socrates is being kept in jail in anticipation of his execution for crimes he did not commit. His friend Crito visits Socrates and explains he should take the chance to escape while it is still available. Crito’s primary argument is that Socrates will be dead in a few days if he does not escape, and living at all is better than being dead. The strongest reasoning against Socrates escaping is provided by Socrates with respect to the laws...
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...Week Three Euthyphro Plato What is the definition of pity? What is the definition of holiness? All individuals have their own way of thinking and views. What one may think of holy and pity another may not. What will be discussed in this paper is the concept of holiness emerges in the dialogue and why it takes a prominent position in the conversation between Socrates and Euthyphro, the three definitions that Euthyphro uses in his response to Socrates, Formulate your own argument as to what you think Socrates’s goal is in this dialogue. And finally a definition of my own of piety/ and holiness. There are several times that holiness has emerged throughout the dialogue. In the dialogue Socrates and Euthyphro are speaking of Euthyphro father being charged with murder than they began to speak of holiness and the knowledge of religion. Socrates states in the dialogue “Euthyphro! And is your knowledge of religion and of things pious and impious so very exact, that, supposing the circumstances to be as you state them, you are not afraid lest you too may be doing an impious thing in bringing an action against your father”( Socrates, 2010)? Holiness takes prominent position in the conversation between the Socrates and Euthyphro because Euthyphro wants to get his father in trouble for the murder and the conversation about holiness arises. The main problem is what are holy and the definition. No matter what one may believe in, one should still have faith, believe and follow the GODs...
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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...The procedures that are followed in the criminal trials today have been carefully fine tuned throughout history. The consistent set of procedures is followed by both the federal and state governments and is designed to provide a fair trial for the defendant. Procedure begins with the opening statements and ends with a verdict. In this paper, those procedures and all the ones that fall in between will be discussed. Opening statements begins a trial and are given to the jury and judge by attorneys for both sides of the case. Starting with the prosecuting attorney, an explanation of the case as well as a summary of what the attorney is asking for the jury to decide is given. Once the prosecution has made their statement, the defense attorney is permitted to give their opening statement, however the defense attorney may request to hold their opening statement until the beginning of the defense case. Once the opening statement has been made, the prosecution begins to present their case. This is where the prosecution calls forth any witnesses they may have to provide testimony for the case. Anyone involved in the arrest, interrogation, or investigation of the crime as well as any witnesses to the crime, may be called to testify. Throughout the testimonies evidence is permitted to be admitted to the court to further help the case. The defense is the allowed to cross examine each witness so that they may try to discredit any statements given that may help to prove the prosecution’s...
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...Fiction vs. Reality Jessica Nefedov University of Phoenix The United State’s judicial system is one that controls the everyday sentencing and hearing of cases. These cases range from civil matters, such as divorce, evictions, small claims and child custody to misdemeanors and felonies. Misdemeanors and felonies are criminal cases. Our Judicial system is made up of three branches of government; the Legislative branch which examines, debates and votes on bills, the Executive branch that initiates and administers the law, and the Judiciary branch, that we will be discussing in this paper. The Judiciary branch applies the law, as is seen in courtrooms across America and in homes on televisions. Television shows are popular for their dramatics, which increase their ratings. The more dramatic and action packed a show is, the more people tune in to watch it, therefore making it a successful show or series. In the world today popular crime shows such as Law & Order, CSI, Raising the Bar, and Peoples Court, show the dramatics of a case. Of these shows, Law and Order and Raising the Bar, both portray the legal drama and police procedures taken in a case. Upon watching an episode of Law & Order or Raising the Bar, one will see a lot of discrepancies of the fiction versus reality of today in the courtroom. It is important to remember that television shows are not real, unless stated so. Again the idea of creating a successful series is to have it appeal...
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...tugged at my heart because a mother, Casey Anthony, was being accused of killing her own daughter, 2-year old Caylee Anthony. The case drew national attention because of the gruesome facts and because of the many lies Casey told investigators and police authorities. The in-depth search by numerous agencies and private citizens to find clues kept the case in the media spotlight. In fact, I wondered how “fair” the trial would be due to the amount of national coverage the case actually received. I found myself going into the trial with already formed opinions about Casey’s culpability. As such, I was very anxious to actually watch the proceedings and see the facts as presented in the courtroom versus the national media. The opening arguments by the prosecutor set the stage for what was to come. The prosecutor stated: “It’s time to tell the story of a little girl named Caylee Anthony.” From there she went on to describe in detail this 2-year old’s life with her grandparents, who adored her, and her mother who seemed more concerned with her own “made-up” life than the welfare of her own daughter. As the prosecutor explained the details of Caylee’s life, the defendant, Casey Anthony, had an array of facial expressions including shaking her head when she disagreed with something and some occasional crying moments. Other than that she had a straight face during most of the 2-hour opening statement seemingly un-phased by the...
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...FLORIDA INTERNATIONAL UNIVERSITY - CHAPMAN GRADUATE SCHOOL OF BUSINESS | INSIDER TRADING | A CRITICAL APPROACH | | Juan Guillermo Gonzalez | 12/20/2014 | This academic document in intended to make an analytical approach of insider trading in the U.S. It will also discuss the European case and how it compares to the U.S. Finally, it will describe international implications of insider trading and the cooperation among nations. | TABLE OF CONTENT Page Introduction …………………………………………………………………………………………………………….. 4 Insider Trading – Opposing Viewpoints ……………..………………………………………………. 5 Insider Trade in the United States .………………………………………………………………………… 7 Insider Trading in the E.U ……………………………………………………………………………………. 9 Comparing the U.S. and the E.U ……………………………………………………………………….. 10 International Cooperation …………………………………………………………………………………… 11 Conclusions ………………………………………………………………………………………………………….. 12 End Notes …………………………………………………………………………………………………………… 13 INTRODUCTION The U.S. Securities and Exchange Commission defines insider trading as both legal and illegal conduct of corporate insiders in relation with buying or selling securities in their own companies . When corporate officers, directors, or employees trade securities within their firm, they are required to report such activities to the SEC. However, some individuals take advantage of their privileged position; having access to nonpublic, material information about the security,...
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...Criminal Defense Case Analysis Paper Nikisha Rayford CJA/354 February 10, 2014 Gary Weil Criminal Defense Case Analysis Criminal Defenses One of the greatest rights afforded to the America people is the right to be considered innocent until proven guilty in the court of law. It is the job of the prosecutor to prove to the people, to the jury, and to the court that the accused is guilty of a crime. If the prosecutor has a valid case, the accused, either on his or her own or accompanied by a skilled attorney, can present various defenses to argue why they acted in the manner they did. According to Criminal Law Today, “A defense consists of evidence and arguments offered by a defendant and his or her attorneys to show why that person should not be held liable for a criminal charge” (Schmalleger 2010, pg. 114). This paper will discuss various forms of criminal defenses and how they are used in court. Justification Defense The courts usually require that the prosecutor prove beyond a reasonable doubt that the defendant is guilty of a crime, the defense can take an offensive role in their trial by taking an affirmative defense. Instead of sitting back and waiting for the prosecuting attorney to attempt to prove the defendant’s guilt, the defendant can fight back with defenses. The following are types of affirmative defenses: Necessity The defense of necessity claims that the defendant believes it was necessary to commit...
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...The Nuremberg Trials by R. D. A student essay from Dr. Elliot Neaman's History 210 class (historical methods - fall 1996) © Elliot Neaman / PHDN Reproduction interdite par quelque moyen que ce soit / no reproduction allowed ________________________________________ The Nuremberg Trials took place during the immediate aftermath of World War II. They were the first trials in history to indict an entire regime for aggressive war crimes. These crimes included invading other nations, violating the Treaty of Versailles and most significantly, "crimes against humanity". These crimes were what later became known as the Holocaust, in which millions of innocent victims were deported, enslaved and systematically executed. The victims were primarily Jewish however many other victims suffered at the hands of the Nazis such as: Poles, Gypsies, the handicapped and the elderly. The Nuremberg Charter "defined war crimes as violations of the laws or customs of war"(Rosenbaum p, 30). Including killing of hostages, ill-treatment of civilians, use of forced labor and looting of public and private property and racial persecution. The International Military Tribunal, the prosecutors consisting of lawyers and judges from the United States, France, England and the Soviet Union had countless evidence of these crimes committed by the Nazis, however to serve justice to every individual for their inhumane actions was impossible. The Nuremberg Trials prosecuted twenty one defendants (all of whom were...
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...12/10/2013 Lecturer’s name: | Student’s name: | Course name and num: | Domestic Violence: Annotated Bibliography | Course name and num: | Domestic Violence: Annotated Bibliography | American Bar Association (ABA), (2003), “American Bar Association Commission on Domestic Violence.” Retrieved from: http://www.abanet.org/domviol/stats.html This specific reference is employed to enhance the legal consideration of the topic that is domestic violence. The mission of that specific body is to enhance the access to the justice regarding the victims of the violence like domestic violence, sexual violence, along with stalking relative to the legal profession. The authority states many of the information on the literature relating to seductive companion assault revolve all around the technique of prevention as well as causation. To start with, with regards to the problem connected with girls as offenders connected with seductive companion assault, this literature discussed ways in which these girls end up in that place. One locating displays any path leading through victimization for you to incarceration. The reference is aligned with the study under discussion for the reason that it specifically deals with the issue of domestic violence and provide handful of knowledge regarding that particular issue from a broader perspective. Arbetman, P. Lee, McMahon, T. Edward, Edward L. O’Brien., (1994), “Street Law: A Course in Practical Law”, 5th Edition. West Publishing Company. Street...
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...pregnancy, even though it did not pose serious physical danger to her health. But, in the process of this struggle, an unprecedented judicial involvement emerged. II. This paper will first provide the necessary expository information, highlighting the central characters in this historical case, the political climate of the Supreme Court Justices during the trial, as well as a earlier case, Griswold v Connecticut which preceded Roe v. Wade. The paper will discuss the proceedings of the case at both the District and Supreme Court levels. Following, this paper will debate the surface issues of the abortion controversy, Roe as a precedent for future cases (Planned Parenthood v. Casey, Stenberg v. Carhart, and the breaking news decision of Gonzales v. Carhart), and the implied right(s) of the Constitution. III. In the 1970s, Linda Coffee and Sarah Weddington, two hot shot young lawyers from Texas, recruited Norma McCorvey as lead plaintiff under the alias “Jane Roe” in a class action suit lawsuit on behalf of US women everywhere. Coffee and Weddington had graduated from the University of Texas Law School within five years of going to trial for one of the most famous cases in Supreme Court history. The defendant was Dallas County District Attorney Henry Wade, an experienced lawyer known for prosecuting Jack Ruby, the man who shot Lee Harvey Oswald two days after Oswald shot President Kennedy. The Supreme Court at the...
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